We are MyFurnitureLab (“we” or “us”), and conducting a business through our website known as www.myfurniturelab.com (“Site”).
These Terms and Conditions govern the supply by MyFurnitureLab of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
In these Terms and Conditions:
“Account” means the account that you will need to register on the Site if you would like to submit an Order on the Site;
“Acknowledgement” means our acknowledgement of your Order by email (which for the avoidance of doubt does not constitute a Confirmation of Order;
“Working Days” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Malaysia;
“Confirmation of Order” means our email to you, in which we accept, your Order in accordance with these terms below;
“Contract” means your order of a product or products in accordance with these Terms and Conditions which we accept;
“Customer” means an individual who places an Order on the Site;
“Order” means the order submitted by you to the Site to purchase a product;
“you” means the Customer who places an Order;
References to “clauses” are to clauses of these Terms and Conditions;
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
References to “includes” or “including” or like words or expressions shall mean without limitation.
These Terms and Conditions are our copyrighted intellectual property. Use by third parties – even of extracts – for the commercial purposes of offering goods and/or services– is not permitted. Infringements may be subject to legal action.
To place an order with MyFurnitureLab, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
These Terms and Conditions shall apply to all Orders and Contracts made or to be made for the sale and supply of Products by MyFurnitureLab to you. When you submit an Order to us, give any delivery instructions or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions between yourself, and MyFurnitureLab. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that the goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
HOW A CONTRACT IS FORMED
- When making an Order, you must register for an Account on the Site, and you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.
- Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including taxes, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in the currency then in force in Malaysia.
- You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by MOLPay or by a payment gateway which is acceptable to us, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Your payment will be received by MyFurnitureLab. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
- If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
- You undertake that all details you provide to us for the purpose of purchasing the Product will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product. In the event there is a Confirmation of Order and there is a challenge as to your authority to use such card or account, we shall not be liable to refund any amounts of money that have been paid using such card or account.
- When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
- Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
- We shall not be obliged to supply the Product to you until we have accepted your Order and you have made the payment. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
- A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order, by email to you, in the form of a document called a “Confirmation of Order” stating expressly that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. In such instance, MyFurnitureLab hereby agrees to supply the Product to you in merchantable quality under any applicable law and in the form and quality as advertised on our website and we shall be responsible for the delivery of such Product to you in accordance with the terms and conditions herein. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
- If you discover that you have made a mistake with your Order after you have submitted it to the Site, please email to [email protected] immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions. In the event we are required to refund any monies to you as a result of a cancellation due to your mistake, we shall be entitled to deduct an amount of money equal to the processing charges we have incurred in clearing your monies when you made the Order and the charges incurred when refunding the monies to you.
- We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
- A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
- You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes. We shall not be responsible to re-deliver or re-route any Products if the Products have already been despatched or is in transit to the address that you had given to us initially, notwithstanding you informing us of changes later on, unless the Parties agree in writing to reimburse us for any costs and expenses incurred by us in re-delivering or re-routing the Products to a new designated address.
All Site design, text, graphics, and the selection and arrangement thereof are the property of MyFurnitureLab, all rights reserved, or in the case of product material, all text and graphics are copyright protected by the original owner, all rights reserved. Permission is granted to you to copy electronically and to print in hard copy portions of this Site for the sole purpose of using this Site as an information resource (or of ordering goods or services and using this Site as a shopping resource). Any other use of materials on this Site-including reproduction for purposes other than noted above, modification, distribution, or reproduction-without the prior written permission of MyFurnitureLab is strictly prohibited.
The Site and MyFurnitureLab’s mark and logo are service marks of MyFurnitureLab. All other trademarks, product names and company names or logos cited herein or on the Site are the property of their respective owners.
Links to Other Web Sites
We make no claim or representation, and accept no responsibility, regarding the quality, nature, or reliability of any external or third-party sites accessible by hyperlinks from this Site, or any external or third party sites linking to this Site.
Warranties and Disclaimers: Use of this Site
We intend for the information and data contained in the Site or provided via other channels, including but not limited to phone and email, to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided “AS IS” and “AS AVAILABLE”. You expressly agree that your use of this Site is at your sole risk. WE, SOLELY TO THE EXTENT THAT ANY SUCH WARRANTIES CAN BE EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW, EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, RELATING TO AVAILABILITY OF THE SITE OR TO INFORMATION AND DATA CONTAINED IN OR REFERENCED BY THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITIONS OF COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
Limitation of Liability: Use of this Site
IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, EXCEPT WHERE LIABILITY CANNOT BE EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW.
You hereby acknowledge that the preceding paragraph shall apply to all information or data available from us through the Site or other channels.
We make no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Prices and availability of products on the Site are subject to change without notice. While we endeavour not to make any errors on the Site and to ensure that the descriptions, details and dimensions of our products, our prices and other information about us or our products, are accurate and up to date, errors can occur. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). If we identify an error that materially impacts your confirmed order, we will notify you as soon as possible and will provide you with the option of cancelling your order in full or the part(s) of your order affected by the misinformation. If you make such a cancellation, the money for the cancelled part of your order will be refunded to your account or onto your card (or will not be taken at all if the payment process has not begun at that time). This in no way restricts or limits your ability to return the goods in line with our returns policy.
Prices and Payment
The price of the product will be as shown on the order pages when you place your order. Payment for the product is required on dispatch. Where payment has not been received, we are under no obligation to deliver the product to you. Our invoice(s) for the price of the products you purchase are set out in the email order confirmation we send to you. You can also review and print these invoices at any time by logging in to “My Account” section of the Site. You should retain copies of the invoices for your records.
Typical methods and costs of delivery are as shown here under the “Delivery Information” tab and are confirmed at checkout. We will give you an estimated date for delivery, and we will endeavour to deliver any products ordered within the estimated period and will deliver your order within 30 days of the Contract date unless otherwise agreed with you as stated in our email order confirmation (see Order Acceptance, above). Please note that some products require a signature as proof of delivery.
Delivery may be delayed due to circumstances outside of our control. If this occurs, we will notify you as soon as possible and take steps to minimise the effect of the delay. We shall have no liability for delays.
In the event of a failed delivery to you, our courier may re-attempt delivery, leave your delivery with a neighbour or in a safe place outside of your home or leave you a card or contact you to re-arrange delivery. In such event, we may charge you for storage costs and further delivery costs. If we are unable to contact you to re-arrange delivery, we may end the Contract.
Risk and Ownership
You will be responsible for the products from the time we deliver the products to you at the stipulated delivery address. You will own a product once we have received payment in full for that product.
Limitation of Liability: Sale of Goods
WHERE YOU ARE A BUSINESS, TO ANY BUSINESS FOR ANY LOSS OF REVENUE, PROFITS, ANTICIPATED SAVINGS, GOODWILL OR BUSINESS OPPORTUNITY, OR ANY INJURY TO BUSINESS REPUTATION; OR
ANY LOSSES THAT ARE NOT REASONABLY FORESEEABLE BY BOTH OF US AT THE TIME OF THE CONTRACT.
NOTHING IN THESE TERMS OF SALE SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR BREACH OF YOUR LEGAL RIGHTS IN RELATION TO THE PRODUCTS.
You hereby acknowledge that the preceding paragraph shall apply to all products or services you buy from us through the Site or other channels.